Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

A. At the time of committing the instant crime, the Defendant was physically, mentally, or physically deprived.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

According to the records of this case, the Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Incheon District Court on September 27, 2017, and the above judgment became final and conclusive on April 27, 2018. As such, the crime for which judgment became final and conclusive and the crime of this case are concurrent crimes with a group after Article 37 of the Criminal Act, and the punishment of this case is determined in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act. Thus, the lower judgment is no longer maintained.

However, there are such reasons for ex officio reversal.

Even if the defendant's argument about mental disorder is still subject to the judgment of this court, the following is examined.

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, the Defendant was deemed to have a drinking record at the time of the instant crime, but comprehensively taking account of all the circumstances indicated in the record, such as the background, means and method of the instant crime, and the Defendant’s act before and after the instant crime, the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions due to the principal

There is no evidence to acknowledge the fact that the Defendant was in a state of mental or physical weakness or loss due to bad health, such as brain surgery, etc., but there is no evidence to acknowledge it). Therefore, the Defendant’s assertion of mental or physical disorder is without merit.

3. In conclusion, the judgment of the court below is based on Article 364 (2) of the Criminal Procedure Act, without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above.